If you are facing probate, one of the first questions you probably have is how long does probate take in Florida? The answer depends on several defined factors under Florida law, including the type of probate required, statutory creditor deadlines, the size of the estate, and whether any disputes arise.
Some estates can be resolved within a few months, while others can take a year or longer.
Knowing the timeline, expected costs, and the most common causes of delay helps families and personal representatives plan from the start. Here is a breakdown of what to expect in a Florida probate proceeding, including timeline, costs, and common delays.
Probate Timelines in Florida
In general, Florida has two types of probate administration. The timeline will vary depending on which applies to the estate.
Summary Administration
This is available when:
- The value of probate assets (not counting exempt homestead property) does not exceed $75,000, or
- The person has been deceased for more than two years.
With that, the court issues an order distributing the assets directly to beneficiaries. A personal representative is not appointed.
Most uncontested summary administrations are completed within one to three months. Since there is no creditor waiting period when the decedent has been deceased for more than two years, those cases can sometimes move more quickly.
Formal Administration
Formal administration is the most common type of probate in Florida. It is required when the estate does not qualify for summary administration. This process includes:
- Appointment of a personal representative
- Issuance of Letters of Administration
- Publication of a Notice to Creditors
- Identification and valuation of assets
- Payment of valid debts
- Distribution of the remaining estate
One of the most important timing factors is Florida’s 90-day creditor claims period. Once the Notice to Creditors is published, creditors have 90 days to file claims against the estate. In most cases, the estate cannot close until this period expires and claims are resolved.
What does this mean for the timelines? You may expect:
- Minimum timeline: About four to six months
- Most uncontested estates: Six to twelve months
- Estates involving disputes or substantial assets: Twelve months or longer
What Does Probate Cost in Florida?
In general, probate expenses are paid from estate assets before distributions are made to beneficiaries. The total cost depends on the value of the estate and the work involved in the probate process. Some of these costs include:
- Court filing fees
- Publication fees for the Notice to Creditors
- Attorney’s fees
- Personal representative compensation
- Appraisals for real estate or valuable property
- Accounting or tax preparation fees
Florida law allows the estate to pay for attorney’s fees and personal representative compensation. Under this, these fees may be:
- 3% of the first $1 million of the estate
- 2.5% of the next $4 million
- 2% of the next $5 million
If the estate includes real estate that must be insured, maintained, or sold during administration, additional fees and expenses may apply.
Why Probate Can Be Delayed
While some parts of probate are addressed by law, other delays depend on the circumstances of the process, such as:
- Creditor disputes will extend the timeline if claims are contested.
- Family disagreements, including will contests or objections to the personal representative, can also slow the process.
- Missing financial records or difficulty locating assets often require additional time and court involvement.
Moving Your Probate Forward with Niebla Probate Firm
Probate in Florida follows statutory procedures and mandatory deadlines. While many estates are resolved within 6 to 12 months, the timeline depends on the type of administration required, creditor activity, and whether disputes arise during the process.
At Niebla Probate Firm, we assist personal representatives and families with each stage of probate administration, from the initial petition through final distribution. If you would like to discuss the timeline or costs associated with an estate, contact us to schedule a consultation.
